News

Stay informed with the latest legal insights and updates from WHWW. Our News and Articles section is your resource for timely information on legal developments, case studies, and thought leadership.

Counterfeit Confessions: Landlord’s Liability Extended to a Tenant’s Trademark Infringement

On August 7, 2019, the U.S. Court of Appeals for the 11th Circuit affirmed a ruling in favor of a luxury eye wear manufacturer against a mall owner for trademark infringement violations in the case of Luxottica Group, S.P.A. vs Airport Mini Mall, LLC, Case No. 18-10157, 2019 WL 3676340 (11th Cir. Aug. 7, 2019).

The dispute involved a subtenant at a discount mall selling knockoffs of Ray-Ban and Oakley brands. The 11th Circuit held that the willful blindness of the mall landlord to it’s subtenant’s specific acts of infringement rose to a level of constructive knowledge sufficient to hold the landlord liable for contributory trademark infringement under the Lanham Act, a federal statute governing trademark service marks and unfair competition.

As a result of the ruling, landlords, property owners, and mall operators must not turn a blind eye to the activities of their tenants or subtenants, but must regularly monitor same and swiftly take the appropriate legal action if counterfeiting or infringement is at all suspected.

Share on...

What's New?

Welcome Attorney Mallory A. Davis

Attorney Mallory A. Davis has joined the firm’s commercial litigation and bankruptcy department. Mallory represents clients in a range of complex disputes, with experience in contested bankruptcy proceedings, contract disputes, and related commercial litigation. Her prior experience includes work representing theme parks and a Chapter 11 trustee in a multi-debtor Ponzi scheme bankruptcy. She regularly ...

Welcome Attorney Jaelin N. Bustamante

Attorney Jaelin Bustamante has joined the firm’s real estate department. Jaelin, who is fluent in Spanish, will concentrate her practice on transactional real estate matters, including commercial leasing and land sale acquisitions. A former firm law clerk, Jaelin earned her J.D. from University of Miami School of Law, where she served as the editor-in-chief of ...

Winderweedle Named Best Law Firm by the Winter Park Chamber of Commerce

Recently the firm was deeply honored to be named Best Law Firm by the Winter Park Chamber of Commerce and the community. This year’s 2025 Best of Winter Park competition drew over 5,000 voters! Accepting the award were Winderweedle attorneys Jere Daniels, Jeff Deery, Jeff Hudson and Michael Carolan, along with legal assistant Hillary Crain. ...
Scroll to Top